USPTO Patents Application 10782008

United States Patent and Trademark Office

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 22313-1450
www.uspto.gov

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO.

CONFIRMATION NO.

10/782,008

02/18/2004

Katsunobu Sumimura

22434 7590 10/16/2007

BEYER WEAVER LLP
P.O. BOX 70250
OAKLAND, CA 94612-0250

KGMEP016

5426

EXAMINER

ART UNIT

PAPER NUMBER

DATE MAILED: 10/16/2007

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

Notice of Non-Compliant
Amendment (37 CFR 1.121)

Application No.

10/782,008

Apphcant(s)
SUMIMURAETAL.

Examiner

Steven Leff

Art Unit

1794

-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address

The amendment document filed on 19 September 2007 is considered non-compliant because it has failed to meet the
requirements of 37 CFR 1.121 or 1.4. In order for the amendment document to be compliant, correction of the following
item(s) is required.

THE FOLLOWING MARKED (X) ITEM(S) CAUSE THE AMENDMENT DOCUMENT TO BE NON-COMPLIANT:

□ 1 . Amendments to the specification:

□ A. Amended paragraph(s) do not include markings.

□ B. New paragraph(s) should not be underlined.

□ C. Other .

□ 2. Abstract:

□ A. Not presented on a separate sheet. 37 CFR 1 .72.

□ B. Other .

□ 3. Amendments to the drawings:

□ A. The drawings are not properly identified in the top margin as "Replacement Sheet," "New Sheet," or

"Annotated Sheet" as required by 37 CFR 1.121(d).

□ B. The practice of submitting proposed drawing correction has been eliminated. Replacement drawings

showing amended figures, without markings, in compliance with 37 CFR 1.84 are required.

□ C. Other .

[X] 4. Amendments to the claims:

□ A. A complete listing of all of the claims is not present.

□ B. The listing of claims does not include the text of all pending claims (including withdrawn claims)

C. Each claim has not been provided with the proper status identifier, and as such, the individual status
of each claim cannot be identified. Note: the status of every claim must be indicated after its claim
number by using one of the following status identifiers: (Original), (Currently amended), (Canceled),
(Previously presented), (New), (Not entered), (Withdrawn) and (Withdrawn-currently amended).

□ D. The claims of this amendment paper have not been presented in ascending numerical order.
^ E. Other: See Continuation Sheet .

□ 5. Other (e.g., the amendment is unsigned or not signed in accordance with 37 CFR 1.4):

For further explanation of the amendment format required by 37 CFR 1.121, see MPEP § 714.
TIME PERIODS FOR FILING A REPLY TO THIS NOTICE:

1 . Applicant is given no new time period if the non-compliant amendment is an after-final amendment or an amendment
filed after allowance. If applicant wishes to resubmit the non-compliant after-final amendment with corrections, the
entire corrected amendment must be resubmitted.

2. Applicant is given one month, or thirty (30) days, whichever is longer, from the mail date of this notice to supply the
correction, if the non-compliant amendment is one of the following: a preliminary amendment, a non-final amendment
(including a submission for a request for continued examination (RCE) under 37 CFR 1.114), a supplemental
amendment filed within a suspension period under 37 CFR 1.103(a) or (c), and an amendment filed in response to a
Quayle action^ If any of above boxes 1 . to 4. are checked, the correction required is only the corrected section of the
non-compliant amendment in compliance with 37 CFR 1.121.

Extensions of time are available under 37 CFR 1.136(a) only if the' non-compliant amendment is a non-final
amendment or an amendment filed in response to a Quayle action.

Failure to timely respond to this notice will result in:

Abandonment of the application if the non-compliant amendment is a non-final amendment or an amendment
filed in response to a Quayle action; or

Non-entry of the amendment if the non-compliant amendment is a preliminary amendment or supplemental
amendment.

Legal Instruments Examiner (LIE), if applicable Telephone No.

U.S. Patent and Trademark Office ~ " Part of Paper No. 20071013

9 •

Continuation Sheet (PTOL-324) Application No.

PTOL-324 (01-06) Notice of Non-Compliant Amendment (37 CFR 1.121)

2

t

Continuation Sheet (PTOL-324)

Application No. 10/782,008

Continuation of 4(e) Other: The 4 th claim has been numbered as claim "4-1 7" and the status identifier is "canceled". It is not clear whether
this should be a new claim or not.